Breaking News and Action Alert: The Government is inviting general comments including H4 EAD Rule through Regulations.gov

In an astonishing turn of events, it seems the government has finally decided to invite comments on the H4 EAD rule (NOTE that the comments are not specific to H4 but it is opened for general comments):

DHS/USCIS RIN: 1615-AB92 Publication ID: 2012
Title: Employment Authorization for Certain H-4 Dependent Spouses
Abstract: The Department of Homeland Security (DHS) proposes to amend its regulations by extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident status through employment and have extended their authorized period of admission or “stay” in the U.S. under section 104(c) or 106(a) of Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.

The comments has been anticipated and is highly welcomed. As you know this will be a big leap for the H4 community. After all those years of fight, it seems there are ‘some lights in the tunnel’. However, the battle is not yet won.

ACTION ALERT:
We need all of you to encourage people to get positive comments on the site to help the government decide that this is a very a good move from their part. Please follow the link below and comment:

As an immigration lawyer, I have seen hundreds of H4 visa holders suffer. Unfortunately the suffering is disproportionately directed towards women from India. While most other employment visas such as L, E, and TN allow spouses to obtain a work authorization, the H1 does not allow their dependents (H4 Visa holders) to obtain a work permit or even a social security number. The problem is amplified on the fact that H1B holders from India who file for a permanent residence have to presently wait between 10 years to 70 to obtain a permanent residence. This implies that people are now staying on H4 sometimes for 10 years.

There are many reasons why the government should grant the H4 Visa holders a work permit but the main reason is that it is a matter of justice to grant the work permit to those who are waiting indefinitely for a permanent residence.

Moreover, it will make economic sense to allow the spouses to work. These talents are already inside the United States and we might as well make them contribute to the US economy. We are not only wasting the talents but creating a depressed and disappointed community.

I would say the “right” for a work permit is not only the fair thing to do but it should be granted as a matter of women rights and human rights.

As such I support this rule and would recommend others to do the same.

Written by admin

Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).

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Immigration Legal Blog (ILB) is a blog dedicated to US immigration law, US immigration news, and immigration updates. ILB was created by attorney Shah Peerally. Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).